The court disposed of a Summons for Judgment noting the Defendant was wound up, requiring the Plaintiff to proceed against the Official Liquidator in the pending suit.
Summons for Judgment disposed of with liberty to file a fresh Summons against the Official Liquidator.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.2 OF 2000
IN
SUMMARY SUIT NO.5777 OF 1999
Gujarat Park Hotels Ltd.....Plaintiff
V/s.
Suman Resorts (India) Ltd.....Defendant
Mr.Ajay Khaire i/b M.S. Bodhanwala & Co. for the
Plaintiff.
Mr.K.H. Mody i/b M/s.Vinod Mistry & Co. for the
Defendant.
CORAM : S.J. VAZIFDAR, J.
DATED : 2ND SEPTEMBER, 2008.
P.C. :
1.The suit filed by the Defendant is still
pending. In any event the Defendant has now been
wound up. It will therefore, be necessary for the
Plaintiff to adopt appropriate proceedings for
continuing the proceedings against the Company through
the Official Liquidator.
2.In the circumstances, the Summons for
Judgment is disposed of with liberty to the Plaintiff
to take out a fresh Summons for Judgment after doing
the needful. This ofcourse is subject to such a fresh
Summons for Judgment being at all maintainable in view
of the previous orders of this Court on this Summons
for Judgment.
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court